NISHA SANDEEP

SANDEEP CHITNIS

CHITNIS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.4332 OF 2024

Harikishan Gokuldas Kalantry and Ors. ...Petitioners

Versus

State of Maharashtra and Anr. ...Respondents

Mr. Aabad Ponda, Senior Advocate i/b Mr. Arjun Dev for the

Petitioners.

Mr. V. B. Konde-Deshmukh, Addl.P.P for the Respondent No.1-State.

Ms. Chaula Solanki a/w Ms. Niranjana Pradhan, Mr. H. H. Nagi, Omna Shinde and Ms. Simran Kazi i/b Nagi & Associates for the

Respondent No.2.

PSI – Deepak Parab from Worli Police Station, Mumbai, is present.

CORAM : REVATI MOHITE DERE &

SANDESH D. PATIL, JJ.

DATE : 11^th DECEMBER 2025

P.C. :

1. Mr. Ponda, learned Senior Counsel appearing on behalf of the petitioners submits that on 17^th October 2024, this Court Coram (Coram: Sarang V. Kotwal & Dr. Neela Gokhale, JJ.) had passed a detailed order and thereafter in para 7 of the said order recorded the statement of the learned A.P.P. that coercive steps shall not be taken against the petitioners, till the next date. Investigation

was however continued. He submits that the police despite the said statement made by the learned A.P.P. filed charge-sheet in the said case on 17^th February 2025 and congnizance of the offence was taken on 2^nd April 2025. He submits that despite the aforesaid, on 23^rd April 2025, learned A.P.P. informed the Court that the Investigating Agency wanted to file charge-sheet and as such sought permission to file charge-sheet before the Competent Court, when infact charge-sheet was filed much prior i.e. in February 2025. Accordingly, this Court granted permission to file charge-sheet and directed the police not to arrest the petitioners. Leave was also granted to the petitioners to annex a copy of the charge-sheet and to carry out corresponding amendment in the petition.

2. Learned Senior Counsel further states that the police are in contempt of the order dated 17^th October 2024, as they mislead the Court. He submits that the term ‘coercive steps shall not be taken’ means charge-sheet cannot be filed. He relied on the order of the Apex Court dated 29^th November 2024 passed in Special Leave to Appeal (Crl.) No.9859/2023.

3. At this stage, Mr. Konde-Deshmukh, learned Additional Public Prosecutor seeks time to take instructions and to file an affidavit-in-reply. Time granted. The same to be filed in the registry on or before 19^th December 2025 with an advance copy to the other side.

4. Stand over to 22^nd December 2025.

5. In the meantime, the proceeding being Police Case W/295/2025, pending before the 62^nd Judicial Magistrate First Class Dadar, camped at Sewree, is stayed till the next date.

SANDESH D. PATIL, J. REVATI MOHITE DERE, J.